YALE v. NATIONAL INDEM. CO.

No. 77-2493.

602 F.2d 642 (1979)

Robert YALE, Ancillary Administrator of the Estate of Joseph Dudley Schofield, Deceased, Appellant, v. NATIONAL INDEMNITY COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 11, 1979.


Attorney(s) appearing for the Case

William C. Warden, Jr., North Wilkesboro, N. C. (John E. Hall, McElwee, Hall & McElwee, North Wilkesboro, N. C., on brief), for appellant.

William C. Raper, Winston-Salem, N. C. (Allan R. Gitter, Womble, Carlyle, Sandridge & Rice, Winston-Salem, N. C., on brief), for appellee.

Before BRYAN and FIELD, Senior Circuit Judges, and PHILLIPS, Circuit Judge.


JAMES DICKSON PHILLIPS, Circuit Judge:

Plaintiff Robert Yale (Yale), as Ancillary Administrator of the Estate of Joseph D. Schofield, appeals the grant of summary judgment for the defendant, National Indemnity Company (National), in an action brought by Yale to recover the amount of a judgment obtained in a state court wrongful death action against National's insureds, Van Helman and Big-H Shows, Inc. On National's motion...

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